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1 Attorney General August 21, 2013 Page 2 of 2 (B) the specific address or the highway or street where the accident occurred; or (C) the name of any person involved in the accident. The requestor has not provided those items listed in section Therefore, the City believes it cannot release that portion of the report. Based on the foregoing, the City of Wichita Falls respectfully requests an opinion from the Attorney General as to whether the City is required to release the requested information. By copy of this letter, we are advising the requestor that the City wishes to withhold the information requested, and that it is seeking a decision from your office as to whether the information is excepted from public disclosure. If you have any questions or need any additional information, please do not hesitate to contact me. Sincerely, James McKechnie Assistant City Attorney xc: Joshua Harman 2537 Clarks Valley Rd. Swards Creek, VA 24649

2 ja7/764i4 TEXAS NUG5frieS. 4o/deo Orportuntries. OFFICE OF CITY ATTORNEY August 21, 2013 Honorable Gregg Abbott Texas Attorney General Office of the Attorney General Opinion Records Division P. 0. Box Austin, Texas [CM RRR # ] Re: City of Wichita Falls/Request for Public Information Joshua Harman ( Day Letter) Dear Sir or Madam: On August 13, 2013, the City of Wichita Falls received a request from Mr. Harman for certain documents maintained by the Wichita Falls Police Department. A copy of the request is attached as Exhibit 1. In all future correspondence with the City of Wichita Falls regarding this case, please refer to it as "City ID #474." The City seeks to withhold the release of information (Exhibit 2, 3a & 3b) pursuant to the following exception of Chapter 552 of the Texas Government Code (TGC): TGC Information Confidential by Law-Common Law Privacy Section of the GOVERNMENT CODE, excepts from required public disclosure information considered to be confidential by law, either constitutional, statutory, or by judicial decision. Pursuant to the Texas Supreme Court decision in Indus. Found v. Tex. Indus. Accident Bd., 540 S.W.2d 668, 685 (Tex. 1976), section applies to information when its disclosure would constitute the common law tort of invasion of privacy through the disclosure of private facts. This exception encompasses the doctrine of common-law privacy, which protects information that is: (1) highly intimate or embarrassing, such that its release would be highly objectionable to a reasonable person, and (2) not of legitimate concern to the public. [ ] Bracketed information has been redacted from the requestor copy of this letter. Further, there is an accident report included in this request. As stated by Texas Transportation Code, Section , in order to be released, the Requestor must specifically provide two out of three details of the accident: (A) the date of the accident;

4 Wichita Falls Police Department Incident / Investigation Report Officer's Supplement OCA : Officer Date / Time Reported TUJuI 12, :12 THE INFORMATION BELOW IS CONFIDENTIAL - FOR USE BY AUTHORIZED PERSONNEL ONLY HOSPITAL FOR SOMETHING LIKE THIS. HE STATED THAT I WOULD NEED TO SIGN SOME PAPERWORK SHOWING THAT THE SAMPLES WERE RELEASED TO ME. I CONTACTED THE MEDICAL EXAMINERS OFFICE TO INQUIRE ON HOW QUICKLY THEY NEEDED THE SAMPLES, PHOTOGRAPHS, AND REPORT COPY. I NEEDED TO KNOW IF THEY NEEDED THE INFORMATION AS SOON AS POSSIBLE OR WHEN THE NEXT BODY IS SHIPPED. I WAS TOLD THAT THEY NEEDED THE INFORMATION AS SOON AS POSSIBLE SINCE IS NOT KNOWN WHEN THE NEXT BODY WOULD BE SHIPPED. I WAS PLANNING ON DELIVERING THE REQUESTED INFORMATION AND SAMPLES TO THE MEDICAL EXAMINERS OFFICE THIS FRIDAY PER SGT. VAUGHN. LATE WEDNESDAY AFTERNNON I WAS ADVISED THAT JUVENILE DETECTIVES WERE GOING TO THAT LOCATION AND I COULD SEND THE ITEMS WITH THEM. I WENT TO THE CHEMISTRY LAB AT THE HOSPITAL AND SPOKE WITH CRISTIN JUNE FLORENCE. SHE GATHERED THE SAMPLES FOR ME AND I SIGNED A RELEASE FORM FROM THE HOSPITAL. I HAD HER MAKE A COPY AND IT WAS SUBMITTED TO RECORDS FOR IMAGING. I THEN TOOK THE BLOOD AND URINE SAMPLE AND SUBMITTED IT INTO EVIDENCE. I ADVISED THEM THAT JUVENILE DETECTIVES WOULD BE GETTING IT IN THE MORNING. I THEN GATHERED THE PHOTOGRAPHS FROM ID TECH CALLAGHAN. I TOOK THE PHOTOGRAPHS AND A COPY OF THE CRASH REPORT TO OFFICER WILDE AND OFFICER HENDERSON. I ADVISED THEM THAT THE BLOOD AND URINE WAS IN PROPERTY AND IT WOULD BE READY IN THE MORNING FOR THEM TO PICK UP. I WAS REVIEWING THE SUPPLEMENTS AND HAD SEEN THAT JOSHUA MARIANO HAD WITNESSED THE CRASH. I CONTACTED MARIANO. MARIANO STATED THAT HE WAS SOUTHBOUND IN THE RIGHT LANE ON HENRY S. GRACE FWY AND HE OBSERVED THE WHITE LEXUS ENTER THE FREEWAY FROM THE MIDWESTERN PKWY INTERSECTION. MARIANO STATED THAT HE WAS DOING ABOUT 61 MPH AND THE VEHICLE IN FRONT OF HIM BY ABOUT FEET. MARIANO COULD NOT TELL IF THE DRIVER WAS MESSING WITH A CHILD OR SOMETHING IN THE BACK SEAT. MARIANO STATED THAT THE VEHICLE WAS IN THE RIGHT LANE AND THEN DRIFTED OFF THE ROADWAY AND CRASHED INTO THE GUARDRAIL. THERE WAS NO SWERVING OR BRAKING PRIOR TO THE CRASH. MARIANO STOPPED TO ASSIST. ON OFFICER PAUL HARPER RECEIVED A CALL FROM MIKE SPINK. SPINK WANTED TO GATHER SOME PERSONAL ITEMS FROM THE VEHICLE. I CONTACTED ID TECH WANG AND REQUESTED HER TO MEET US AT THE WFPD IMPOUND LOT AT 1000 HOURS. WE MET SPINK AND GATHERED THE ITEMS REQUESTED FOR HIM. ID TECH WANG PHOTOGRAPHED THE ITEMS PRIOR TO US GIVING THEM TO HIM. SEE HER SUPPLEMENT. OFFICER SANDY LAMB AND OFFICER JOE LEMOND WORKED THE CRASH REPORT AND DIAGRAMS. SEE THEIR REPORTS AND SUPPLEMENTS. OFFICER PAUL HARPER SPOKE WITH SOME FAMILY MEMBERS AT THE HOSPITAL. SEE HIS SUPPLEMENT REPORT. INFORMATION THAT WAS FAXED TO THE TARRANT COUNTY MEDICAL EXAMINERS OFFICER WAS SUBMITTED TO RECORDS TO BE IMAGED. I CONTACTED THE COOKS CHILDRENS HOSPITAL TO CHECK THE STATUS OF LILYANNA. THEY ADVISED THAT SHE WAS IN STABLE CONDITION AND SHE WAS DOING GOOD. THEY STATED THAT SHE WOULD BE GOING IN TO THE O.R. LATER TODAY BUT WOULD NOT ELABORATE WHAT FOR. I INQUIRED ABOUT HER INJURIES, IN PARTICULAR, HER LEFT FOOT. THEY COULD NOT GIVE ANY INFORMATION ON THE CONDITION OR STATUS OF IT. Printed at: 8/13/ :56 Page: 6

10 IMAGED 14 :18 :23 07/28 /2011 NO. THE STATE OF TEXAS IN THE JUSTICE COURT, SITTING AS A COURT OF INQUEST PRECINCT 1, PLACE 2 COUNTY OF WICHITA WICHITA COUNTY, TEXAS ORDER FOR AUTOPSY I, Michael R. Little, Justice of the Peace, Precinct 1, Place 2, Wichita aunty, Texas, upon the authority vested in me by law hereby order an autopsy upon the body of,c).e;n1( in connection with an Inquest to establish the cause and nature of death for the detection of crime or foul play. NAME: ADDRESS: I hereby appoint any physician of the Tarrant County Medical Examiner's Office and Forensic Laboratories to perform said autopsy, in the presence of and with the assistance of, whomever they deem necessary. You are ordered to send the autopsy report to the court at the address listed below. ***NO INFORMATION MAY BE RELEASED UNLESS AUTHORIZED BY THE COURT*** I further order_dave Newton_or his agent of Wichita Falls Mortician Service to transport and deliver the above named body to the Tarrant County Medical Examiner's Office and Forensic Laboratories, 200 Felix Gwozda Place, Fort Worth, Texas I further order that upon completion of the autopsy, thy,\tarrant County Medical Examiner's Office and Forensic Laboratories shall deliver the remains of unin It& the following funeral home: CITY, STATE, ZIP: PHONE NUMBER: Signed: day o JUSTICE OF THE PEACE WICHITA COUNTY, TEXAS PRECINCT 1, PLACE 2 PHONE: FAX:

11 IMAGED 14 :18 :21 07/28/201 1 DECEDENT'S LAST NAME: SPINK Date of Birth: 11 / 1 / 56 Date of Death: 7 / 12 / 11 Name of next-of-kin: MIKE SPINK Address of next-of-kin: 285 ELLIOTT RD Place of Death: TH ST Tarrant County Medical Examiner District Medical Examiner's Officer 200 Feliks Gwozdz Place, Fort Worth, Texas (817) FAX (817) Web site: tarrantcotatty.coin BIOGRAPHIC DATA SHEET Sex: Female (Street, Apt) WICHITA FALLS (City), TX (State) (Zip) Phone: (940) (FIRST NAME) CONNIE Place of Death: TH ST Race: White Relationship: HUSBAND & WICHITA FALLS (City) Did the decedent die in a Hospital / ER? 0 YES NO How long was the Hospital / ER stay? 1 Days Name of Hospital / ER: UNITED REGIONAL HEALTHCARE CENTER, WICHITA FALLS (City) TX (State) Did you provide a copy of the Hospital / ER Report? 0 YES NO Was the decedent being treated by a Physician? El YES NO If YES, please provide the Physician's name and phone number: DR BETH SUTTON MD (Name) (Phone #) Is a law enforcement agency investigating the death? 0 YES NO If YES, please provide the name of the agency (or Officer): WICHITA FALLS POLICE DEPARTMENT / PAUL NEWTON #;t621 PLEASE PROVIDE BRIEF SUMMARY OF SCENE / CIRCUMSTANCES OF DEATH VICTIM WAS DRIVER OF A 2002 LEXUS. DRIVER WAS TRAVELING SOUTHBOUND IN THE 4000 BLK OF HENRY S. GRACE FRVVY. DRIVER SWERVED OFF THE ROADWAY AND STRUCK A GUARDRAIL. WITNESSES STATED THAT THE DRIVER WAS DRIVING APPROXIMATELY MPH. THE GUARDRAIL ENTERED THROUGH THE DRIVER SIDE WINDOW AND EXITED THROUGH THE TRUNK. DRIVER'S LEFT FOOT WAS SEVERED AND THE RIGHT LEG WAS SEVERED DRIVER DIED AT THE HOSPITAL. FULL TOXICOLOGY ANY SPECIAL REQUEST OR TEST(S) TO BE PERFORMED?

14 IMAGED 14 :18 :18 0 7/28 /20 11 OFFICE OF CHIEF MEDICAL EXAMINER TARRANT COUNTY, TEXAS 200 Feliks Gwozdz Place Fort Worth, Texas Phone (817) Fax (817) Date: 07/12/11 This authorizes the Office of Chief Medical Examiner of Tarrant County, Texas, to deliver the remains of CONNIE LYNN SPINK (HUDSON) to the MORRISON Funeral home. Please complete funeral home information below: Address: 700 OAK ST City: GRAHAM State: TX Zip: Phone: Fax: Authorization is also given to the above named funeral home, or its designated agents, to remove the said deceased to their place of business to care for, and prepare for disposition in accordance with professional standards. Funeral Home is authorized to receive valuables: [Z1 yes n no PAUL NEWTON Printed Name CRASH INVESTIGATOR Relationship NOTE: Cash over $50.00 must be picked up in person by next-of-kin.

17 Jul :44a p.1 tri o ITOUOT/80 80 :ST WICHITA FALLS POLICE DEPARTMENT PROPERTY RELEASE DISPOSITION AUTHORIZATION Page I of 1 Officer: 71'ZZ illeu,hr.) Date/Time','229 // /f/ Case Number Property was booked into die Property Unit under this case number. Please check the status of the case and indicate what disposition should be made on all property listed. Please return this form to the Property Room within 10 days. Note: It is the officer's responsibility to check the status of the case and make the appropriate disposition on all property. Officer shall verify the property is not related to another WFPD case or another agency's case. The Property Room sends this disposition request as a reminder, not as a notice that property is no longer needed for pending criminal cases or investigations. (Include a description of property or list Tag number when available. All can be used when appropriate) 1. Hold for Court Case # Tag: Defendant's Name: Offense: 2. Hold further investigation required on this or related offenses 3. Photograph and release to owner: Tag: Owner's Name: Date Time notified by Officer: Method of notification: By Phone ( ) In Person ( ) Certified Mail Other. [Officer shall advise OKSICT to =intact the Property Unit ( hr; to make an Appointment to pickup property) 4. Release to Owner (or authorized person): Tag: Owner's/Authorized Person's Name: Date Time notified by Officer: Method of notification: By Phone ( ) In Parson ( ) Certified Mail ( ) Other: [Wu= shall advise on to cooled the Property Unit C ) to make an appointment to pickup property' 5. Destroy as authorized by Code of Criminal Procedures and General Order Tag: 6. Dispose of as authorized by Code of Criminal Procedures and General Order Tag: (includes donations, assumption for Department use, auctions, and possible destruction) Officer's Signature Badge Number: CH KG FATALITY TAG I/ LCC ITM DS!' DESCRIPTION V F ONE DIAPER BAG CONTAINING MISC BABY ITEMS p53r0 3 2-ONE CAR SEAT Date: fr.', '7,29 // SERIAL #

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